[HISTORY: Adopted by the Township Committee of the Township of Quinton 7-6-2017 by Ord. No. 2017-02. Amendments noted where applicable.]
As used in this chapter only, the following words and terms shall be defined as set forth below. All other terms, words and phrases not defined herein shall be given their customary meaning.
ELECTRONIC SMOKING DEVICE
Any electronic device that can be used to deliver nicotine or other substances, including vapor, to the person inhaling from the device.
PARK
Any athletic fields, playgrounds and other active and passive recreation areas owned, leased or operated by Quinton Township to which the general public is invited.
PERSON
Any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee or any other legal entity.
PUBLIC PROPERTY
Any municipally owned, maintained and/or operated building, structure, facility or complex, park, lands or vehicle to which the general public is invited.
SMOKING
The inhaling, burning or possession of any lighted cigar, cigarette, pipe or similar device or any other combustible or inhalable tobacco product or any matter or substance which contains tobacco or any other material that can be smoked, or the inhaling or exhaling of smoke or vapor products from an electronic smoking device.
TOBACCO PRODUCT
Any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis or any other preparation of tobacco, including electronic devices and dissolvable tobacco products not FDA approved for tobacco cessation.
A. 
Except where otherwise provided herein, smoking shall be prohibited at all times on or within public property where the public is present, invited or gathers within the Township of Quinton, including, but not limited to, the following places:
(1) 
In every room, office, chamber, lobby, hallway and other common areas in all public buildings owned, leased or operated by the Township.
(2) 
Parks and recreation areas, including trails, roadways and parking areas located within parks, established specifically for the purposes of active or passive recreation.
(3) 
Within 25 feet of any entrance or exit areas of any Township-owned, -leased or -operated buildings where smoke may enter the air people breathe through such entrances, exits, windows or ventilation systems.
(4) 
In the cab of any enclosed Township vehicle.
B. 
Smoking optional areas. Notwithstanding the prohibitions contained in the foregoing provisions, outdoor smoking areas may be designated by the Township Committee by resolution of same. Smoking areas, once approved, shall bear signs specifically designating that they are smoking areas. Smoking areas shall be clear of any public entrance or exit areas of any public buildings where smoke may enter the air people breathe through such entrances, exits, windows or ventilation systems. Except as provided by resolution, no smoking shall be permitted in any other areas of any public buildings, parks or recreation areas.
"Smoking" or "No Smoking" signs, as appropriate, or the international "No Smoking" symbol (a picture of a burning cigarette inside a red circle with a red bar across it), shall be clearly and conspicuously posted on every public property where smoking is controlled by this chapter. The "Smoking" signs shall be posted only in those areas so designated by resolution of the governing body.
The provisions of this chapter shall be enforceable by a police officer, health officer or designee, employee of the Township or any other individual so designated by the Township Committee, as designated enforcement officers for the purposes of enforcing this chapter. Any citizen may register a complaint under this chapter with a police officer, health officer or designee or the Administrator or Municipal Clerk of the Township.
A. 
It shall be unlawful for any person to smoke in any area where smoking is prohibited under this chapter.
B. 
Any person who smokes in an area in which smoking is prohibited shall be guilty of a disorderly persons offense and subject to a maximum fine of $200 for each violation.
C. 
Any person found guilty of defacing, tampering with or removing "No Smoking" or "Smoking" signs, which are required by this chapter, shall be guilty of a disorderly persons offense and subject to a maximum fine of $200, plus the cost of replacing the sign.
D. 
Any juvenile adjudicated to have violated the provisions of this chapter shall be subject to such penalties, fines or other discipline as may be imposed upon an adult pursuant to this chapter.
No provision of this chapter shall be construed or interpreted to allow smoking where it is otherwise restricted or prohibited by other laws.
In the event that any clause, section, paragraph or sentence of this chapter is deemed to be invalid or unenforceable for any reason, then the Township Committee hereby declares its intent that the balance of the chapter not affected by such invalidity shall remain in full force and effect to the extent that it allows the Township to meet the goals of this chapter.